Marketplace Terms & Conditions

Last updated: 8 February 2019

By purchasing items or offering items for sale on the Mighty Ape Marketplace via www.mightyape.com.au you are bound by the following terms and conditions.

GENERAL

Mighty Ape Ltd provides the Mighty Ape Marketplace and services so that you can buy and sell items with other Mighty Ape customers. Mighty Ape is not a party to these transactions, and cannot be held liable in any way for the quality or condition of items, delivery times or warranties.

You must be an Australian resident and located within Australia to use the Mighty Ape Marketplace.

Mighty Ape is not liable to you or any other person for anything in connection with any aspect of the Mighty Ape Marketplace or your use of it. In particular, Mighty Ape is not liable to you or any other person on any basis for any loss or damage caused to you directly or indirectly by use of the Mighty Ape Marketplace.

Mighty Ape has no knowledge and makes no representations or warranties about any aspect of any item, listing or seller on the Mighty Ape Marketplace.

You use the Mighty Ape Marketplace entirely at your risk. Mighty Ape takes no responsibility for any system unavailability, or for any loss or damage that is incurred as a result of the Mighty Ape Marketplace or Mighty Ape web site being unavailable. Further, Mighty Ape assumes no responsibility for the corruption of any data or information held by Mighty Ape.

Mighty Ape provides no warranty or guarantee for the accuracy of information provided by Mighty Ape or Mighty Ape customers or sellers.

Customers using the Mighty Ape marketplace are solely responsible for the content of their listings.

ACCOUNT INFORMATION

You agree to keep your membership information, including email address, residential address, and telephone number, current at all times.

You agree not to allow any other person to use the Mighty Ape Marketplace using your account and Member Name.

You may not include or provide your membership details (including your email residential address, phone number or other method of contact) on your profile, your listings, and your feedback.

If you are under the age of 18 you are not permitted to buy or sell on the Mighty Ape marketplace.

SELLING

If you offer items for sale on the Mighty Ape Marketplace you agree that:

All prices stated are in Australian dollars and include GST if applicable;

You are legally entitled to sell the items you are offering for sale;

You will offer “Tracked Courier” as a delivery method;

Your item description is accurate and complete, and includes all relevant information about terms of sale including shipping and payment information;

The item you are selling matches exactly the product listed on Mighty Ape;

Your item description is not inaccurate, misleading or fraudulent;

Your item description or item for sale does not Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights;

You are in physical possession of the item that you are selling;

Your item descriptions will not include references to other web sites where similar items are offered for sale, or contact details are provided for a seller of similar items;

You will ship the item using the delivery method specified by the buyer;

You will ship the item within 3 days of successfully selling the item;

You will comply with the Mighty Ape's Disputes Resolution process;

The sale of your items are subject to a commission of 9%; and

That payment for your items will be made by way of credit to your Mighty Ape account which may be refunded in full to a valid Australian bank account number.

BUYING

When buying an item on the Mighty Ape Marketplace you agree that:

By buying an item, you warrant that you have the legal right to enter into and complete the transaction;

Your “Buy Now” is an irrevocable offer to buy the item;

You will inform Mighty Ape within 3 days after receiving a “shipped” notification if you have not received the item; and

You agree to Mighty Ape's Disputes Resolution process.

FEES

Mighty Ape charges fees for the use of the Mighty Ape Marketplace as a venue.

Success fees are charged if an item successfully sells and are only refundable if the buyer cancels their order.

Fees are deducted from your Mighty Ape account.

Refunds will be credited to your Mighty Ape account.

All fees paid by Australian resident members include GST and are in Australian dollars.

DISPUTES RESOLUTION

If the buyer fails to receive an item purchased from a seller on the Mighty Ape Marketplace a dispute will be opened and will be resolved as following:

Resolution will be in the buyer's favour if the following conditions are met:

The Buyer selected delivery by Tracked Courier; and

The Buyer provided a valid Australian delivery address; and

The Seller is unable to provide a valid “track and trace” that shows an attempted delivery to the buyer's delivery address.

A resolution in the buyer's favour will result in a full refund to the buyer's Mighty Ape account. Payment for the item will not be made to the seller.

Resolution will be in the seller's favour if the following conditions are met:

The Buyer did not select delivery by Tracked Courier; or

The Seller delivered using Tracked Courier and can provide a valid “track and trace” that shows delivery to the buyer's delivery address.

A resolution in the seller's favour will result in payment for the item (minus commission) to the seller's Mighty Ape account. The buyer will not receive a refund.

Neither the seller nor Mighty Ape is responsible for an item once it has been delivered to the buyer's delivery address.

All dispute resolutions are at the sole discretion of Mighty Ape and all decisions are final.

NON-COMPLIANCE

If you do not comply with these Terms and Conditions, Mighty Ape may, without notice or warning, limit your activities on the Mighty Ape web site by removing your listings, issuing you a warning or suspending or terminating your membership.